Uluslararası İşgücü Kanunu - Ekim 2020 (original) (raw)
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Act No. 6735 on International Labour Force-TURKEY
Act No. 6735 on International Labour Force- TURKEY dated 28 July 2016. Original name: Uluslararası İşgücü Kanunu (PDF in Turkish): https://www.academia.edu/34851884/ULUSLARARASI\_%C4%B0%C5%9EG%C3%9CC%C3%9C\_KANUNU\_EK%C4%B0M\_2017\_-\_G%C3%9CNCEL Name: Act No. 6735 on International Labour Force dated 28 July 2016. Country: Turkey Subject(s): Migrant workers Type of legislation: Law, Act Adopted on: 2016-07-28 Published on:Resmi Gazete, 2016-08-13, No. 29800 ISN: TUR-2016-L-103259 Bibliography: Resmi Gazete, 2016-08-13, No. 29800 Gazette in Turkish Resmi Gazete, Turkey PDF of Act in Turkish (consulted on 2016-12-28) Abstract/Citation: CHAPTER ONE: Aim, Scope and Definitions CHAPTER TWO: Determining and Implementing International Labour Policy CHAPTER THREE: Work Permit and Exemption CHAPTER FOUR: Exceptions CHAPTER FIVE: Objection, Liability, Inspection and Penalties CHAPTER SIX: Miscellaneous Amended text(s): 2003-02-27 (TUR-2003-L-63659) Act No. 4817 on work permits for foreigners. Related text(s): 2003-05-22 (TUR-2003-L-64083) Labour Act No. 4857 of 22 May 2003.
Athens journal of law, 2017
International Labour Force Law entries into force on 13 August 2016 and changed the previous act named the Law on Work Permits of Foreigners. This law's aims are to determine and implement the policies on international labour; regulate the principles and procedures on work permit and work permit exemptions given to the foreigners. Foreigners can only work in some professions which are not prohibited. The main rule is that foreigners who want to work at Turkey shall obtain a work permit from the Ministry of Labour and Social Security. But this main rule has an exception that the relevant foreigners can take the work permit exemptions to work. Some applications can be submitted through the authorised agent (this is the new provision brought by the new law). Besides, foreigners working at some services that require vocational qualifications shall obtain the pre-authorisation. For instance, if a foreigner wants to work as an instructor at university, it should be necessary to take this from the Council of Higher Education or if a foreigner wants to work as a teacher at private high school, Ministry of National Education gives this authorisation. This is one of the changes brought with the new law. The other changes are about the types of work permit. The conditions, entitled persons, the terms of durations of the four types of work permit are changed. This Law contains the specific provisions about working of the foreign students and the foreigners being within the scope of international protection. And also this law has specific provisions for the foreigners working in the free zones. The last change that should be mentioned is the implementation of Turquoise Card; the foreigners given this card have also same rights as Turkish citizens. The aim of this is to draw qualified manpower to Turkey.
Legal and social aspects of migrant employment in Turkey
Z Problematyki Prawa Pracy i Polityki Socjalnej
For over a decade, Turkey has been facing mass influx of Syrian citizens – besides Afghans, Iraqis, and Iranians – who are seeking international protection. This humanitarian problem has many different aspects, e.g., providing housing, employment, health services, and education. The general rule regarding the accommodation of refugees and asylum seekers is temporary accommodation centres. But this cannot be realised in the Syrian migrants’ case due to their massive numbers. Turkey is hosting 3,6 million Syrians under the temporary protection status. This international protection type does not give them the right to work per se. Like other foreigners who want to work in Turkey, Syrians have to apply for a work permit. In practice, many of the Syrians work informally, which causes major infringements of fundamental rights. Besides the legal aspect, this problem has to be handled by the cooperation of different fields of social sciences, especially by sociology and public policy. The i...
CHALLENGES REGARDING ALIENS' RIGHT TO WORK UNDER TURKISH LAW
In many countries, aliens and citizens are not deemed equal with regard to the right to work and it is a well settled law that aliens' right to work can be subject to certain limitations. Under International Law there are not many rules which can direct governments or States to grant aliens the right to work. While Turkish law adopts the principle of equality and universality with regard to aliens' right to work, certain restrictions which have been recently imposed have compromised the application of this rule. Both the Act on Work Permits of Foreigners 1 (Law No. 4817, dated 27 February 2003) 2 and Application Regulations of this Act 3 have attempted to resolve the issues related to aliens' right to work. Although the adoption of this Law marks a new era concerning the work permits of foreigners, there are still certain difficulties and concerns with respect to procedural practice. The aim of this article is to analyze the conditions and limitations concerning aliens' right to work under Turkish Law, both in terms of international conventions which Turkey has ratified with effect to the basic regulations under its substantive law; to question their applicability and to address the issues in implementation and procedural complications and finally to address the amendments in the Act. ÖZET Pek çok ülkede çalışma hakkı bakımından yabancı ile vatandaşın eşit tutulmadığı, yabancıların çalışma hakkının bazı sınırlamalara tabi olduğu bir gerçektir. Milletlerarası hukukta da devletleri yabancılara çalışma hakkı vermesi konusunda zorlayan bir kural bulunmamaktadır. Türk hukukunda yabancıların çalışma hakkı konusunda kural olarak eşitlik ve genellik ilkesi kabul edilmiş olsa da, getirilen pek çok sınırlama ile bu ilkeden oldukça uzaklaşılmıştır.
The Constitution of the Republic of Turkey (Articles relating to labour relations)
2020
The Constitution of the Republic of Turkey Articles relating to labor relations. Text in English Ed.: Dr. jur. Vedat Laciner Act Nr.: 2709 date of approval: 18.10.1982 Official Gazette published: 09.11.1982, Sayı:17863 (mükerrer, duplicate) Published in Order (=düstur) Tertip: 5, Band: 22, page: 3 It was last amended on 09.07.2018. (Act Nr. 6771) Editor's last update: 08.10.2020 Translation of the Turkish Constitutional Court is based on. https://www.anayasa.gov.tr/en/legislation/turkish-constiution (08.10.2020)
Although Turkey has been an important immigration and asylum country (see Kale, 2005; Kaya, 2009, 2012; Kirisci, 1996, 2002, 2003, 2007) as well as a transit county (Sahin-Mencutek, 2012) in the region, the legal infrastructure to deal with the migration subject has been somewhat poor . This field has been governed by piecemeal legislations, and this lack of primary legislation, which covers both rights and responsibilities has been indicated as one of the reasons for decreasing the level of protection given to refugees and asylum seekers (Amnesty International, 2009). When we come to 2011, it is possible to see a remarkable development in the field of asylum seekers, although negotiations with the EU remained in deadlock. In 2011, The Law on Foreigners and International Protection in Turkey (No. 6458) was drafted and it was approved by Parliament on 4 April 2013. This was an innovative movement in the history of Turkish migration policies because it was the first comprehensive law to cover both foreigners and those who need international protection.
Although some features of welfare states are eroded away under the pressure of intense global competition and financial difficulties, they still give opportunities to their citizens which even cannot be dreamt of by people of undeveloped world. Thus, numerous people in undeveloped countries are dreaming of being a part of such a system and exploiting them as much as they can. However, the welfare systems are usually self-sufficient and there is either very little or no room for outsiders who may harm the order. The system is supported by huge budgets which are based largely on taxes of the citizens and the citizens tolerate this in expectation of benefiting from the system not helping the foreigners who had never paid and most probably will never pay for the system. Therefore, the European governments seek to prevent illegal immigration, in other words, the infiltration to their welfare states. Turkey is in the middle of the routes of illegal immigration and thus seemed as a key actor in solving the problem. However, there has been a considerable inconsistency between Turkish and European legislation on this issue and the EU forces Turkey to make change in its legislation and implement them immediately at least for reducing the immigration flow passing through Turkey. In this paper the inconsistency between the legislations of both parties and the legislative change in Turkish Illegal Immigration and Asylum policy will be examined. The method of this research will be assessing the relevant parts of the EU documents, i.e. progress reports, national programs and Accession Partnerships, and comparing the legislative documents of the EU and Turkey on Illegal Immigration and Asylum and thus determine the alteration in Turkish legislation under the influence of the EU. Bazı özellikleri yoğun global rekabet ve finansal sorunlar nedeniyle aşınmış da olsa refah devletleri vatandaşlarına hala gelişmemiş dünyanın insanları için hayal dahi edilemeyecek fırsatlar sunuyor. Böylelikle gelişmemiş ülkelerdeki insanlar böyle bir sistemin parçası olmayı ve faydalanabildikleri kadar bu sistemden faydalanmayı hayal ediyorlar. Ancak refah sistemleri çoğunlukla kendi kendilerine yetmek üzere tasarlanmışlar, dışarıdan gelenler için çok az yere sahiptirler ve büyük bütçelerle desteklenmişlerdir ki bunlar da ağırlıklı olarak vatandaşlardan kesilen vergilere dayanırlar. Vatandaşlar da bu durumu kendilerinin sistemden yararlanacağı beklentisi ile tolere ederler sisteme hiçbir katkısı olmamış ve muhtemelen hiçbir zaman da olmayacak yabancıları desteklemek için değil. Bu yüzden Avrupa hükümetleri illegal göçleri veya bir başka deyişle, refah devletlerine sızmaları engelleyecek yollar aramaktadırlar. Türkiye illegal göç rotasının ortasındadır ve dolayısıyla bu sorunun çözümünde önemli bir aktör olarak görünmektedir. Ancak, Türkiye ve AB'nin illegal göç ve iltica mevzuatında dikkate değer bir tutarsızlık bulunmakta ve AB Türkiye'ye mevzuat değişikliği ve yapılan değişikliklerin hemen uygulanarak en azından Türkiye üzerinden geçen illegal göç akımında bir azalma gerçekleşmesi yönünde baskı yapmaktadır. Bu çalışmada her iki tarafın mevzuatı arasındaki tutarsızlıklar ve Türkiye'nin illegal göç ve iltica ile ilgili politikasındaki yasal değişiklikler incelenecektir. Bu araştırmanın yöntemi ise, Avrupa Birliği dokümanlarının ilgili bölümlerini incelemek (ilerleme raporları, katılım ortaklığı belgeleri, ulusal raporlar) ve Türk ve AB mevzuatını karşılaştırıp Türk mevzuatında AB etkisiyle yapılan değişiklikleri tespit etmek olacaktır.
Turkey's Immigration Reality And Evaluation Of Labor Markets
Abstract Turkey has entered the internal migration period in the modern sense with 1950s and residential structures and population movements in the country have undergone a significant change because of the rapid population growth and negative transformations experienced in the agricultural sector after this period. It is known that Turkey get external migration a lot due to socio-political and economic reasons such as Arab Spring, the disintegration of the Soviet Union besides its geography especially with the globalization process. Also, Turkey is seen to become a country which immigrants wanting to go to European Union countries use it as a temporary and transit route. In Turkey, where creates a significant source of labor to other countries between the years 1960-90, with the impact of political and economic change in its neighbours after 1990, some parts of the immigrants coming to the country have included in the working life in a way of disturbing the balance of the labor market. That irregular migrants informally enter the service industry including especially jobs not requiring a qualification, briefly they are visible, occurs some problems in respect of the functioning of the labor market a period in the public sphere. That the numbers of Iraqi and Syrian asylum-seekers have reached large numbers especially since 2011, both has increased social and economic dimensions of the event, the human tragedy is engrossing as well. In light of all these observations, reflecting in the labor market of problems arising with immigration cases will be dealt. The subject of what may be measures providing immigrants to adapt to labor market including in particular the prevention of off the record employment, work permits and receipt of social security coverage and so on, emergency regulations and policies will be discussed. Key words: Employment, Labor Market, Migration
An appraisal of the new immigration law in Turkey
The new Turkish legislation (Law no.6458) regarding immigration and immigrants in Turkey was approved in the parliament in April 2013 and published in 4th of April. Turkey has been an immigration destination for an increasing number of people in the last decade or so. Therefore the need for a new com-prehensive legislation was obvious. Following a relatively lengthy period of consultations, the new law came into force. In this study, we particularly focus on the implications of this new law for the protection of individuals from a human insecurity perspective and the deportation of apprehended immigrants and refused asylum seekers. A unified system proposed by the new law along with the newly created General Directorate of Migration is a step in the right direction. Thus, a harmonised effort in line with international human rights standards regarding the deportation issue can be expected. The deportation is restructured by the new law. The new law is drawing upon -often best- practices around the world and not solely based on the practice and experience in Turkey. Hence, the overall attitude is positive and human-itarian. This is evident in various aspects of the law. The new legislation supports the individuals who are accommodated in deportation centres by offering free legal aid to those in need as such is available for Turkish citizens. The detention peri-ods for the deportees are vaguely defined in many European countries. However the new law in Turkey clearly sets this period as up to 6 months. These clearer procedures are in line with interna-tional law. Similarly, in the new law, also a rather decentralised governance is proposed which is again very positive for addressing needs and wants of immigrants/deportees in different re-gions of the country without resorting to lengthy and cumbersome bureaucratic procedures.